I
am a special education teacher. Our director has told us that our students
are not "allowed" to make any grades below a C (no Dís or Fís are allowed).

The
director said if a child receives a grade below a C, this means the
IEP isn't valid and we need to write a new IEP with a functional behavior
assessment because the only reason a child should make grade below a
C is because of behavior.

Can
you please direct me to the law or anything in the law regarding this
subject?

From
Wrightslaw

Your
director's advice about giving children passing grades could get him/her
and the teachers into hot water. If special ed kids always get passing
grades, it won't take a lawyer or an auditor to know that someone is
cooking the books.

There
is nothing in the statute about kids with disabilities receiving specific
grades. However -

Appendix
A

The
federal special education regs were issued in March, 1999. Appendix
A is part of these regulations. Appendix A is 40 Questions & Answers
about IEPs, IEP meetings and IEP teams, the parent's role, children
with disabilities being tested on state and districtwide testing, transition
plans, etc.

(As
a special education teacher, you should read Appendix A. It's in our
new book, Wrightslaw: Special Education Law, and it's also on our website.
I added links at the end of this letter. I'd advise you to download
Appendix A, then print it.)

IEP
goals describe what the child should accomplish during the school year
(improved reading skills, writing skills, behavior, etc).

Appendix
A says that the child's progress toward the goals must be assessed on
a regular basis (and progress is NOT measured simply by grades!). If
the child is not making sufficient progress toward the goals, the IEP
team should meet and decide what additional services the child needs.

The
law does not say that children should receive Cís. However. . .

Bd.
Educ. v Amy Rowley (1982)

In
1982, the U. S. Supreme Court issued their first decision in a special
education case in "Board of Education v. Amy Rowley ( 458 U. S. 176).
Amy Rowley had a severe hearing impairment. She was also gifted. By
first grade, most of her skills were at the 3rd and 4th grade level
and her grades were excellent.

After
wrestling with the concept of "free appropriate public education," the
Court concluded that a "free appropriate public education" (FAPE) must
confer "educational benefit." They found that Amy was making above average
progress in the regular classroom. They found that when children are
being educated in regular classrooms:

"the
system itself monitors the educational progress of the child. Regular
examinations are administered, grades are awarded, and yearly advancement
to higher grade levels is permitted for those children who attain an
adequate knowledge of the course material."

"Children
who graduate from our public school systems are considered by our society
to have been "educated" at least to the grade level they have completed,
and access to an "education" for handicapped children is precisely what
Congress sought to provide in the Act." (from Rowley decision in Wrightslaw:
Special Education Law, page 311)

Since
the Supreme Court issued the Rowley decision, school board attorneys
have argued that if a child has "passing grades," this proves that the
child is receiving an appropriate education. Your letter shows the error
in this argumentĖteachers are being told to give passing grades to all
children.

In
Rowley, the Court added this footnote:

"We
do not hold today that every handicapped child who is advancing from
grade to grade in a regular public school system is automatically receiving
a "free appropriate public education." (from Rowley decision in Wrightslaw:
Special Education Law, page 317)

The
fact that you were told to give your students "passing grades" (even
when studentís donít earn passing grades) shows why parents (and hearing
officers) must be careful about relying on "passing grades."

GRADE
INFLATION

Parents
should not rely on grades to determine their childís progress. The ERIC
database contains an article entitled "What Do Student Grades Mean?
Differences across Schools. Education Research Report."

"In
spite of widespread concerns about low academic achievement nationally,
parents generally have expressed satisfaction with their own children's
achievement and schools, largely because their children's grades suggest
that they are doing well."

"This
report examines what student grades tell about achievement through the
use of data from the National Education Longitudinal Study of 1988 (NELS:88)."

"Overall,
the average grade today is a ĎB.í Parents need to ask how grades are
determined, and whether the student is receiving an appropriately challenging
education."

From
the mail we receive, itís clear that many special educators are getting
bad advice from directors. Apparently, special ed directors are getting
bad advice. The amount of misinformation in schools is mind-boggling.

In
our opinion, implementing a practice of giving students "passing grades"
when they donít earn passing grades is fraudulent. Such a practice will
mislead parents by providing them with erroneous information and will
deprive children of the specialized services they need.

Remedy for Bad Advice

There
is a remedy for bad advice. You should read the law and regulations
for yourself. Don't rely on what others tell you.

Maybe
your director should order Wrightslaw: Special Education Law!
We are pleased to report that many school districts are ordering the
Special Education Law book for staff training.